Town and Country Planning Act 1999

Town and Country (Development Procedure) Order 2005

M P Associates Ltd<br>12 Strathallan Crescent<br>Douglas<br>Isle Of Man<br>IM2 4NR

In pursuance of powers granted under the above Act and Order the Department of Infrastructure does hereby REFUSE the following application made on behalf of:

| Name: | Mr Simeon & Mrs Shelley Berry | | :-- | :-- | | Proposal: | Erection of replacement dwelling | | at: | Upper Kirkill | | | Ballakillowey Road | | | Colby | | | Isle Of Man | | | IM9 4BW |

which was considered on 26th July 2011, for the reasons set out below. Date of Issue: 29th July 2011 Murray House Mount Havelock Douglas

Mrs E J Callow Secretary to the Planning Committee

REASON(S) FOR REFUSAL:

1. The proposed dwelling by virtue particularly of its design and massing but also due to its size, would be strikingly out of character with the landscape in which it would sit and thus contrary to the provisions of Housing Policy 14 of the Strategic Plan.
2. The site defined in red, which is described in the application form as "residential" includes a substantial amount of land which is not presently residential curtilage and if treated as such, would or could transform what is presently open natural land into domesticised and inappropriately landscaped garden, with the features and elements associated therewith and some permissible under the Town and Country Planning (Permitted Development) Order 2005 which would be out of keeping with the area.

This decision was made by the Director of Planning and Building Control in accordance with the authority delegated to him under Article 3(13) of the Town and Country (Development Procedure) Order 2005.

Guidance Note

The decision contained in this notice does not become final until either;

• The time for requesting an appeal has expired; or
• Any appeal has been determined;

Whichever is the later. Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice.

A form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department's website www.gov.im/transport/planning/plan/applications/decision.xml

A copy of the Officer's report, which led to this decision, is attached for reference. This report, together with correspondence relative to the application, is available for inspection by anyone wishing to view it at the Department.

Town and Country Planning Act 1999

Town and Country (Development Procedure) Order 2005

M P Associates Ltd<br>12 Strathallan Crescent<br>Douglas<br>Isle Of Man<br>IM2 4NR

In pursuance of powers granted under the above Act and Order the Department of Infrastructure does hereby REFUSE the following application made on behalf of:

Name: Proposal: at:

Mr Simeon & Mrs Shelley Berry Erection of a replacement dwelling Upper Kirkill Ballakillowey Road Colby Isle Of Man IM9 4BW which was considered on 26th July 2011, for the reasons set out below. Date of Issue: 29th July 2011 Murray House Mount Havelock Douglas

Mrs E J Callow Secretary to the Planning Committee

REASON(S) FOR REFUSAL:

1. The replacement dwelling, by virtue of its size, massing, height and style would be out of context with a predominantly open and exposed landscape and would be contrary to the provisions of Housing Policy 14 of the Strategic Plan in terms of the size and style of the new dwelling.
2. The site defined in red, which is described in the application form as "residential" includes a substantial amount of land which is not presently residential curtilage and if treated as such, would or could transform what is presently open natural land into domesticised and inappropriately landscaped garden, with the features and elements associated therewith and some permissible under the Town and Country Planning (Permitted Development) Order 2005 which would be out of keeping with the area.

This decision was made by the Development Control Manager in accordance with the authority delegated to her under Article 3(13) of the Town and Country (Development Procedure) Order 2005.

Guidance Note

The decision contained in this notice does not become final until either:

• The time for requesting an appeal has expired; or
• Any appeal has been determined;

Whichever is the later.

Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice.

A form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department's website www.gov.im/transport/planning/plan/applications/decision.xml.

A copy of the Officer's report, which led to this decision, is attached for reference. This report, together with correspondence relative to the application, is available for inspection by anyone wishing to view it at the Department.

11/00839/8